("the Service"), access to which is granted by the Representatives specified in the list of representatives provided at http://sourcelms.com/
on the "Contacts" page ("the Representative", "We", "Our").
Your access to the Service and its use is subject to your agreement and compliance with these Terms. These Terms apply to all visitors, users, and other persons who use or access the Service.
By accessing or using the Service, you agree to comply with these Terms. If you do not agree with any part of the Terms, you will not be able to access the Service.
A separate Information Technology Services Agreement additionally governs payment Terms of Service concluded with you on the terms of the public offer agreement. 1. Terms and Definitions
1.1. API Passport Recognition Service is an online application designed for passport recognition by reading necessary information from the passport photo, analyzing it, and converting it to text to speed up the entry of passport data for document processing (from now on referred to as API service). The Service allows you to receive HTTP(s)-requests from third-party integrated services, process them and return the result of such processing in the form of digitized text by image.
1.2. The API key is a randomly generated alphanumeric character sequence, a unique identifier that is obtained when logging in and allows uniquely identifying user requests. It authenticates the User and ensures secure transmission of requests to the API service. The key is provided to the Client once when connected to the Service, is unique, and is stored for him for the duration of Agreement.
1.3. Access is the right to use the API service on conditions set out in these Terms.
1.4. The Representative is the person specified in the list of representatives provided at http://sourcelms.com/
on the "Contacts" page, who is authorized to use the API service and grant access to it to third parties.
1.5. The User is an adult person with full legal capacity or a legal entity that has been granted the right to use the Software in volumes and on conditions set out in these Terms.
1.6. The Territory is an unrestricted territory to which apply rights to use the Software granted under these Terms. 2. The subject of the Terms
2.2. To use the API service, the User must enter into an Information Technology Services Agreement with the Representative concluded on the terms of the public offer agreement located and obtain the API key. Upon receiving the API key by the User and making payment on the basis of the specified agreement, the Representative shall give the User access to the API service within two calendar days.
2.3. The User shall not use the API service for the purpose and by means not specified in these Terms and/or for the purpose and in a way that violates these Terms.
2.4. The right to use the API service provided under the procedure outlined in paragraph 2.2.2 of the Terms may be implemented by the User within the Territory (paragraph 1.6), during the Access period paid by the User, which shall not be less than one month.
2.5. The User is forbidden to share the API key with third parties or otherwise allow third parties to use the API service.
2.6. The API service is neither being sold nor becomes the property of the User or is put at their disposal in any other way. Access to the API service implies the User's right exclusively to use the API service within the paid period. The User shall not sell or otherwise alienate the rights to use the API service obtained under these Terms. 3. Use of API Service
3.1. The use of the API service by the User is carried out by receiving the JSON API, to which the User sends the documents independently (Information materials) for digitalization and converting to JSON text format for further data exchange.
3.2. The API service integration with User's applications, systems, and services is not included in the Access price.
3.3. Prohibited actions:
- integration of the API service features into third-party web sites and services unless the API service Representative or developer expressly permits such integration;
- committing actions aimed at misleading the Representative or other Users;
- use of the API service on behalf of or instead of another person, unless such person has granted such powers to the User, based on a power of attorney or another legal document, drawn up following the law;
- disclose technology or decompile the API service, except in cases and to the extent when such actions are undoubtedly permitted by applicable law, notwithstanding the availability of such restrictions in the Terms.
3.4. It is prohibited to convey the right to use the API service to a third party unless otherwise foreseen by a special agreement with the Representative. Such transfer of the right to use the API service can also not be mediated, for example, by negotiation, etc.
3.5. The User warrants that the storage, processing, copying, reproduction, distribution and other use of information materials provided by the User in the process of using the API service and which contain intellectual property (including but not limited to: text, graphics, audio and video, computer software, databases, marks for goods and services, etc.) do not violate anyone's rights.
3.6. By using the API service, the User grants the right to use the information materials provided by him to the extent necessary for processing the User's requests through the API service and stipulated by these Terms. 4. Rights and Obligations
4.1. The User has the right to:
4.1.1. Use the API service on the terms and to the extent stipulated by these Terms and the Information Technology Services Agreement concluded between the User and the Representative on the terms of the public offer agreement.
4.1.2. Contact a Representative to obtain technical and consultancy support related to the use of the API service based on paid support under the Information Technology Services Agreement.
4.2. The User is obliged to:
4.2.1. Pay the right to use the billable API service timely and in full in accordance with the Information Technology Services Agreement concluded between the User and the Representative on the terms of the public offer agreement.
4.2.2. Not take any actions that may impair the performance of the API service.
4.2.3. Not damage, block, overload, or otherwise harm the networks and servers hosting the API service. Otherwise, the User is obliged to make amends caused by the abovementioned actions, and the Representative has the right to suspend the Terms until the User ceases such actions, and the caused loss is properly compensated.
4.2.4. Independently bear all the costs associated with accessing the Internet, paying for traffic, and more.
4.3. The Representative has the right to:
4.3.1. Suspend the User's access to API service in cases when the necessary preventive (regular) and maintenance work needs to be carried out, which will be scheduled for the time least harmful to the User and inform the User by e-mail, indicated during the conclusion of the Information Technology Services Agreement, concluded between the User and the Representative on the terms of the public offer agreement, not less than 2 (two) working days before the date of such works.
4.3.2. Update the versions of the API service.
4.3.3. Receive payment from the User for providing access to the API service.
4.4. The Representative is obliged to:
4.4.1. Grant the User a right to use the API service according to the ordered and paid access to the API service following the Information Technology Services Agreement concluded between the User and the Representative on the terms of the public offer agreement.
4.4.2. Ensure that the adoption of the Terms does not violate the exclusive ownership rights of the API service developer.
4.4.3. Provide the User with consultancy support related to the use of the API service through the communication channels specified in the Information Technology Services Agreement except for the time allowed under the terms of paid support according to the agreement.
4.4.4. Keep the confidential information received from the User secret, not divulge or publish, and to protect from access to it by third parties (except in cases stipulated by applicable law). 5. Payment Arrangements
5.1. The terms and settlement procedure for access to the API service are governed by a separate Information Technology Services Agreement concluded between you and the Representative on the terms of the public offer agreement. 6. Liability Limitations
6.1. Access to the API service is provided to the User on an "as is" basis under the principle generally accepted in international practice. This means that the Representative is not responsible for problems that arise in the process of accessing, updating, maintaining and using the API service (including compatibility problems with other software products), in cases when the results of the use of the API service do not meet the User's expectations, as well as for any consequences, caused by such use or non-use of the API service. The API service is not suited and cannot be used in information systems operating in hazardous environments or in life-support systems, where a malfunction could endanger people's lives or cause significant material damage.
6.2. The User bears full responsibility for the content and form of the messages, the accuracy, credibility, completeness, legality, quality, and content of the information materials that he processes with the help of API service.
6.3. The User is responsible for keeping his or her authorization information in the API service, the API key, the HTTP (s) API link, and the API service description confidential. Actions performed with the API service using User authorization data will be considered as committed by the User.
6.4. Information provided by the Representative in his/her activities in the form of news, press releases, and other information materials is considered to be relevant at the date of their creation. Due to subsequent events and with time, some information of that kind may be incomplete or untrue, but the Representative will use reasonable economic justification to update or delete it.
6.5. The User is provided with information about various projects and future events related to the API service, its experimental functions, etc. However, such information will always be preliminary, and current events and circumstances may differ due to the influence of different factors. 7. Responsibility
7.1. The responsible person shall be liable for the non-fulfillment or improper fulfillment of their obligations under these Terms, as defined by these Terms and applicable law.
7.2. The Representative's liability under any of the provisions (conditions) of the Terms shall be limited to EUR 10.00. These limitations do not apply to those types of liability that cannot be excluded or limited under applicable law.
7.3. The use of the API service in a way that had not been agreed upon in the Terms or exceeding the rights granted is a violation of the rights of the Representative and/or the developer.
7.4. Under no circumstances shall either Party bear any liability to the other party for any loss of profit, income or indirect, special, incidental or punitive damages, whether arising out of contract or delict and, irrespective of the liability theory, even if the Party had been informed of the possibility of such harm.
The disclaimer mentioned above cannot be applied to the extent prohibited by law.
7.5. In the event that third-party claims are brought to the User in connection with the User's violation of the conditions of these Terms, the User undertakes to immediately notify the Representative and settle such claims independently, at his own expense and without the involvement of the Representative, or to take other actions that exclude costs and losses for the Representative. The Representative has the right to take independent measures to protect his reputation or to settle claims. In such a case, the User shall reimburse all expenses incurred by the Representative (including court costs, fines, legal services, and/or legal assistance).
7.6. All penalties set out in the Terms shall be charged for the entire period of delay. 8. Confidentiality
8.1. The Parties undertake to protect the confidentiality of documentation and information within the Terms. The Parties will take all necessary measures to prevent the full or partial disclosure of such information or its disclosure to third parties without prior mutual agreement. Only persons from the staff of the Parties or persons authorized by them who are directly related to the fulfillment of obligations under these Terms may be acquainted with the submitted documentation and information.
8.2. Upon individual request of the User directed to the Representative, as well as after the termination of the Terms, the Representative deletes from their data storage devices all data and backups containing the User's personal information.
8.3. The fact of the Terms adoption is not considered confidential information. The User has the right to inform an unlimited number of persons that the User uses the API service during the period of validity of the Terms.
8.4. For the avoidance of doubt, any oral or written exchange of information, correspondence, and requests for compliance with the Terms by the Parties shall be confidential.
9.1. Throughout the period of validity of the Terms, the User is contractually bound not to dispute or facilitate to challenge any of the intellectual property rights of the Representative and/or the developer.
9.2. In case of unauthorized use of the API service by third parties, which will become known to the User, the User undertakes to notify the Representative immediately.
9.3. If the User is subject to actions or claims for infringement of the intellectual property rights of third parties following the use of the API service, in the absence of fault of the User, the User shall immediately notify the Representative and the Representative to take measures to settle such claims. 10. Circumstances of Force Majeure
10.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under these Terms if their fulfillment is hindered by extraordinary and insurmountable circumstances of force majeure.
10.2. As the Force Majeure circumstances of the Parties are considered such circumstances as earthquake, fires, floods, other natural disasters, epidemics, accidents, explosions, military actions, as well as changes of legislation that led to the impossibility of the Parties to fulfill their obligations under these Terms.
10.3. In the event of force majeure circumstances impeding the fulfillment of obligations under these Terms by one Party, they shall notify the other Party immediately after such circumstances arise. In this case, the deadline for the fulfillment of obligations under these Terms shall be postponed according to the time during which the force majeure circumstances were in force.
10.4. If circumstances of insuperable force continue to exist for 1 (one) month, either Party may unilaterally refuse to comply with the Terms by sending a notice to the other Party indicating the date of refusal. 11. Applied Legislation. Disputes
11.1. These Terms shall be governed by the law of Ukraine.
11.2. The Parties shall use their best endeavors to resolve any disputes and differences which may arise between the Parties over these Terms or in connection with them by negotiation. In the event of failure to reach an agreement, disputes between the Parties over, or in connection with these Rules shall be settled by the court local to the defendant. 12. Period of Validity and Terms of Termination
12.1. The Terms shall enter into force on the date of acceptance of their conditions by the User and shall be valid for the entire period of use of the API service by the User until the expiry of the term of granting access, subject to the User's due observance of the conditions of these Terms.
12.2. In the absence of any User's activity in the API service and/or the absence of any payments for accessing the API service within 1 (one) calendar year, the Representative has the right to refuse to grant the User the next access to the API service and to delete the User data thereby terminating the Terms.
The Representative has the right to send the User an e-mail 30 (thirty) calendar days before the specified event. If the User does not respond to the sent messages requesting to prevent deletion of information about them and/or does not use the API service, the Representative shall not be responsible for storing/not storing the User's data 13. Other Conditions
13.1. The Representative reserves the right to make changes to the conditions of the Terms and shall notify the User by e-mail, indicated during the conclusion of the Information Technology Services Agreement, concluded between the User and the Representative on the terms of the public offer agreement or by posting such information on the website, 10 days before the changes take effect.
The User has the right to refuse to accept the modified conditions of the Terms, not to order, pay, or use the API service, and in this case, the Terms will be considered terminated. By using the API service, the User confirms his/her acceptance of the Terms conditions in the latest version in force.
13.2. The Parties consent to the processing, collection, and storage of their personal data under the provisions of the legislation in power.
13.3. If any provision of the Terms becomes invalid or cannot be enforced, all other provisions of the Terms shall remain in force.